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Spousal Support
Spousal support is paid on a monthly basis although it may in certain cases be paid by way of a lump sum. The factors considered in determining the amount and duration of spousal support to be paid include:

• current assets and means of both parties,
• likely future assets and means,
• a dependant's capacity to contribute to her own support,
• the respondent's capacity to provide support,
• the parties' age and physical and mental health,
• the dependant's needs having regard to accustomed standard of living during cohabitation,
• the length of time, cost involved and the means available to assist dependant in becoming self-supporting,
• any contribution by the dependant to the respondent's career potential during the time of cohabitation,
• the need for either party to stay at home to care for a child and child care responsibilities during the time of cohabitation,
• the length of cohabitation and the effect on the dependant's earning capacity because of responsibilities, including housekeeping and other domestic services during cohabitation.

Spousal support is tax-deductible to the person paying it and taxable income to the person receiving it. If the parties have children, child support will take priority over any order for spousal support.

The federal Department of Justice has recently released spousal support guidelines. They include tables laying out expected ranges of support that take into account such factors as:

• length of the marriage,
• income levels,
• work history of each spouse, and
• number of offspring.

Unlike the federal guidelines for child support, these guidelines are only recommendations – the courts are not obliged to follow them in deciding the issue of spousal support.

When a claim for spousal support is made, both parties are required to file a Financial Statement showing the court the total income and expenses of each of the parties. This allows the court to determine the ability of one party to pay support and the need of the other party for support and the credibility of the expenses being claimed by the party seeking spousal support. The court will consider the standard of living in the relationship at the time of the separation and the efforts both parties have made to provide for themselves and each other. The court order may make an order supporting a party for a certain period of time to allow for an upgrading course or for the completion of a degree that was ongoing at the time of the separation. The court can also impute income that is not being earned if it feels one of the parties could be making more money but is instead deliberately taking a lower paying job.

If you are interested learning more about how Shameela Chinoy can help you, please contact us.

163 Willowdale Avenue,

North York,

Ontario, M2N 4Y7

Tel: 416-227-2082

Fax: 416-227-2083 schinoy@chinoylaw.com

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